Report (1st Day)

Part of Welfare Reform Bill – in the House of Lords at 11:46 am on 22 October 2009.

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Photo of Baroness Butler-Sloss Baroness Butler-Sloss Crossbench 11:46, 22 October 2009

I support the words of the noble Lord, Lord Northbourne, in moving this amendment. I wonder, as he does, whether it is necessary to have this in primary legislation. I have to say that I am comforted by the amendments which have been tabled by the Government. However, it would be wonderful if the wise expressions of the amendment were to be set out in guidance, a statutory instrument or whatever it might be because a general duty to have regard to the well-being of the child could be helpfully set out somewhere.

I add only this point, arising from my previous life. The Children Act 1989 puts the welfare of the child as paramount, and it is the duty of the courts to have that absolutely up front in considering anything to do with children. In the various criminal justice Bills that have gone through the House, great effort has been put into making sure that the welfare of children is treated as equal to the need to deal with them by way of sentencing. It should be made clear somewhere in this extremely important Bill that regard should be had not only to—as the Government say—children's well-being, but to what is meant by that when people have to have regard to it.